RAM PRAKASH AGARWAL & ANR. versus GOPI KRISHAN (DEAD THROUGH L.RS.) & ORS.

RAM PRAKASH AGARWAL & ANR. versus GOPI KRISHAN (DEAD THROUGH L.RS.) & ORS.

Order IX Rule 13 CPC is not maintainable by a non-party; Section 151 CPC cannot be invoked where fraud has been committed upon a party (not the Court)--remedy lies in an independent suit. Reference Court's jurisdiction is limited to references by Land Acquisition Officer under Sections 18 or 30; direct applications for impleadment or apportionment before Reference Court are not permissible.

Parties
Appellant: Ram Prakash Agarwal; Appellant: Ram Prakash Agarwal & Anr.; Respondent: Gopi Krishan (Dead Through L.Rs.) & Ors.
Jurisdiction
India
Judgment Date
11 April 2013
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals allowed; High Court judgment and order set aside.
Legal Topics
Ex Parte Orders, Fraud on Party or Court, Inherent Powers of Court, Reference Proceedings, Impleadment, Apportionment of Compensation
Civil Procedure Land Acquisition Ex Parte Orders Fraud on Party or Court Inherent Powers of Court Reference Proceedings Impleadment Apportionment of Compensation

Case Brief

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Parties

Ram Prakash Agarwal

Appellant

Ram Prakash Agarwal & Anr.

Appellant

Gopi Krishan (Dead Through L.Rs.) & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Is an application under Order IX Rule 13 CPC maintainable by a person who was not a party to the suit?
  2. 2 Can such relief be granted under Section 151 CPC?
  3. 3 Are CPC provisions applicable to Land Acquisition proceedings?

Ratio Decidendi

Order IX Rule 13 CPC is not maintainable by a non-party; Section 151 CPC cannot be invoked where fraud has been committed upon a party (not the Court)--remedy lies in an independent suit. Reference Court's jurisdiction is limited to references by Land Acquisition Officer under Sections 18 or 30; direct applications for impleadment or apportionment before Reference Court are not permissible.

Court Disposition

Appeals allowed; High Court judgment and order set aside.

Orders

  • The impugned judgment and order of the High Court are set aside.
  • Respondents are at liberty to seek appropriate remedy by resorting to appropriate proceedings as permissible in law.